River Action considers appeal after judge backs the EA in Wye enforcement case

River Action is considering an appeal after a judge ruled last week that the Environment Agency’s (EA) Farming Rules for Water (FRfW) enforcement on the River Wye is now lawful, and rejected the campaigner’s claim for judicial review.

However, in a statement, River Action took comfort in factors including that:

• Bringing the case had prompted significant enforcement improvements from the EA, helping the regulator secure the lawful judgement.

• River Action’s interpretation of the law was deemed to be correct.

• The judge dismissed the National Farmers Union intervention in defence of existing farming practices, and said these must change to be compliant with the FRfW.

River Action chair, Charles Watson, said: “We clearly have a number of reasons to be pleased with today’s judgement… [But] we remain concerned that there is widespread evidence that agricultural regulations are still being broken across the Wye Catchment and that the EA is still not being held accountable for its failure to enforce the law. River Action is simply not prepared to sit back and continue to watch these injustices to our rivers continue. Accordingly, we are taking immediate advice with regards to appealing the judgment.” 

The High Court examined the EA’s enforcement of regulations that govern the amount of organic manure and artificial fertiliser that can be spread on agricultural land. This increases levels of phosphorus in the soil, which then runs off and leaches into the river. In the Wye catchment, where agricultural production is intense, this is causing widespread algal blooms with severe consequences for the vegetation and wildlife.